Every year, thousands of immigrants come to Canada from countries like the
Philippines, China, and India to work as live in caregivers and nannies. The caregiver
is required to live in the same house of their employer for a period of
at least 2 years, which creates a situation that is ripe for sexual assault and
exploitation.

As a result, some caregivers experience sexual assault while living with their
employer as live in caregivers.

Given that many young Filipino women have waited and worked hard for many years
for the opportunity to come to Canada, they are extremely vulnerable to sexual
assault while living with their employers.

Vulnerability of Immigrant
Caregivers

Canada admits thousands of immigrant nannies or caregivers every year primarily
from the Philippines. Many of the caregivers are young women who have worked for
years in substandard conditions while they gained experience and waited for the
opportunity to move to Canada. In the live in caregiver program, the immigrant
is required to live with their employer for at least two years.

There is a significant imbalance of power in that the caregiver needs the
employer to cooperate with the immigration process by filling out the required
paperwork and certifying that they meet the requirements of the program. If an
employer fails to do this properly, the immigrant could be deported and lose the
opportunity to live and work permanently in Canada.

There is thus an incredible imbalance of power. New immigrants are extremely
vulnerable and are can betargets for sexual exploitation
by their employers. When this is
combined with the fact that the immigrant caregiver is living full time with their
employer, a situation immerses that can lead to sexual assaults.

The caregiver is also vulnerable in that she is usually under an incredible
pressure to be successful in immigrating to Canada in order to support her
family back home in the Philippines (children, parents, brothers and sisters).
Many have the dual goals of both financially supporting their families back home
and eventually sponsoring members of their family to move to Canada themselves.

Further, given that many immigrant caregivers and nannies have experience working in very
poor working conditions prior to coming to Canada, many are under the false
belief that they just have to "put up with it" until they reach the two years
and are eligible for permanent residence.

Sexual Assault of Filipino
caregivers

It doesn't matter what country a person comes from or what their immigration
status is: sexual assault is a crime. Canadian employers who sponsor live in
caregivers and sexually assault them can be both charged with criminal offenses
and sued civilly for their actions.

Employer Threats
Some employers may threaten the nanny or caregiver by telling them that nobody will
believe them and that they will intentionally try to block their immigration
application. Caregivers that are being sexually assaulted by their employers
should report them to the police.

Employers who sponsor are
typically wealthy and powerful

Sponsoring an immigrant live in caregiver requires significant financial
resources and thus employers tend to be wealthy individuals. It can be extremely
intimidating for an immigrant from a poor country living with a rich Canadian
employer to report sexual assaults to the police. Many sexually abused
caregivers feel nobody will believe them and they will lose their chance to
immigrate to Canada if they report the sexual assault.

We are dedicated to educating immigrant caregivers about their legal protections
in Canadian law against being sexually assaulted. If they report the crime to
the police, they will be taken seriously and their employer can be charged and
punished if they simply tell their story. If they are telling the truth, no
matter how rich or powerful there employer is, they can and will be punished for
their actions.

Immigrants can sue employers for sexual assault

In addition to possible criminal charges, employers who sexually assault immigrant
caregivers can also sue them for financial compensation. In Canada, sexual
assault lawsuits commonly settle and produce judgments in excess of $100,000. In
fact, some cases have produced judgments in excess of $1,000,000.

Given that many employers who sponsor immigrants to be caregivers are wealthy
individuals who own valuable real estate in areas like Toronto and Vancouver, it
is also possible to collect on amounts awarded by the courts.

If you have been or are being sexually assaulted by your employer, you deserve
to be financially compensated for your pain and suffering. The effects of sexual
assault are severe and can negatively impact you for the rest of your life. A
sexual assault can impair both your ability to work and your peace of mind.

Employers who take advantage of nannies and caregivers need to be reported and
stopped. As more people are charged with sex crimes against immigrants, more
will be deterred for doing so in the future.

Reporting Sexual
Assault in Canada is okay

Many immigrant nannies and caregivers have worked abroad in countries like
Singapore, Hong Kong, and the Philippines prior to moving to Canada. They
experienced working in conditions that would be considered abused and
inappropriate in these countries. This includes verbally abusive employers,
extremely long hours, no freedom or time off, and working for almost no pay. As
a result, they have been conditioned that they must just simply accept poor
treatment. This is not the case in Canada.

We want to educate immigrants so they understand that in Canada they have rights
and do not have to accept abusive working conditions, particular sexual assault
by an employer. If you are an immigrant caregiver, you have the power to both
report and sue your employer for their crimes against you.

Don't listen to your
family back home.

Many families of immigrant caregivers in Canada have a vested interest in the
the immigrant caregiver moving to Canada. They both benefit from financial assistance
being sent back home, and a potential future path to immigration themselves.
When this vested interest is combined with a lack of understanding regarding the protections
given to the sexually abused in Canada, many families may encourage their
caregiver relative to just "put up with" the sexual abuse. This is
wrong and inappropriate.

Immigrants who move to Canada need to understand that their family back home
likely has very little appreciation or understanding of how things work here.
Furthermore, they are depending on your for financial support and thus may try
to convince you not to do anything if you are being sexually assaulted. Don't
listen to them.

There is plenty of support in Canada for victims of sexual assault. Vulnerable
immigrant caregivers and nannies need to understand that if their families back
home tell them to keep their mouths shut and put up with sexual assault they are
providing them with extremely bad advice. You don't have to put up with that
here.

Disclaimer: All information on this page is of a general nature and may not apply to any specific circumstance. It is not to be construed as legal advice or presumed to be completely accurate, or infinitely up to date.
If you have questions regarding your case, please contact a local lawyer
immediately because there are time limitations on civil claims. Failure to
contact a local lawyer immediately could prevent you from making a claim.